Uppal, Ad v. STATE GOVT. OF NCT OF DELHI AND ANR

.....Respondents Through: Ms. Meenakshi Dahiya, APP with SI Ram Singh, PS Shahbad Dairy Mr. Vivek, Adv. for respondent No. 2. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 2983/2025 (Exemption) 1. 2. The application stands disposed of. Allowed, subject to all just exceptions. CRL.M.C. 618/2025, CRL.M.A. 15246/2025 3. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR No. 296/2020 dated 26.06.2020 under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at Police Station Shahbad Dairy (“subject FIR”) and all consequential proceedings arising therefrom. 4. The learned counsel for the petitioners submits that the petitioner no. 1 is the husband of respondent no. 2 and their marriage was solemnized on 19.11.2018, as per the Hindu rites and ceremonies. The petitioner no. 2, petitioner no. 3 and petitioner no. 4 are the father- Signature Not Verified Crl.M.C. 618/2025 Digitally Signed By:NEELAM Signing Date:28.05.2025 18:55:47 in-law, mother-in-law and brother-in-law of the respondent no. 2 respectively. One girl child namely Pranavi was born out of the said wedlock on 05.08.2019. Subsequent thereto, he submits, temperamental differences developed between the petitioner no. 1 and respondent no. 2, coupled with the raising demands for dowry and increasing harrasment, led to the registration of the subject FIR. 5. The learned counsel further submits that during the pendency of the litigations, the parties, on request, were referred to the Counselling Cell, North-West District, Rohini, wherein, they have arrived at an amicable and voluntary resolution of all disputes persisting between them vide Mediation Settlement dated 28.09.2024. Subsequently, the marriage of the petitioner no. 1 and respondent no. 2 has been dissolved by mutual consent vide decree of divorce dated decree dated

19.12.2024, passed by the learned Principal Judge, Family Court, North District, Rohini Courts, Delhi. 6. The present petition is premised on the assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Mediation Settlement dated 28.09.2024, has been duly executed between the petitioners and respondent No. 2. It is further submitted that, in terms of the said settlement, the respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. 7. As per the terms of the said Settlement, the petitioner no. 1 has agreed to pay a total sum of Rs. 16,00,000/- to the respondent no. 2, as a full and final settlement of all her claims including maintenance Signature Not Verified Crl.M.C. 618/2025 Digitally Signed By:NEELAM Signing Date:28.05.2025 18:55:47 (past, present and future), permanent alimony three (03) instalments. It is further agreed between the parties that the custody of the girl child shall remain with the mother and there shall be no visitation rights to the petitioner no. 1 in future. The said Mediation Settlement dated 28.09.2024 embodying the terms of settlement has been placed on record. 8. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 16.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed. 9. Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement. 10. The respondent no.2, who is present in court, upon being queried, confirms that the parties have entered into the settlement vide Mediation Settlement dated 28.09.2024 and she has received the entire settlement amount of Rs. 16,00,000/- in full and final settlement of all her claims, including those pertaining to maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., in accordance with the terms of the Settlement. She also confirms that the marriage between the parties has been dissolved by way of mutual consent vide decree dated 19.12.2024, passed by the learned Principal Judge, Family Court, North District, Rohini Courts, Delhi, Signature Not Verified Crl.M.C. 618/2025 Digitally Signed By:NEELAM Signing Date:28.05.2025 18:55:47 and that no other litigation remains pending between the parties. Furthermore, she has no objection if the subject FIR and all consequential benefits arising therefrom are quashed. 11. In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR. 12. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed. 13. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties. 14. In conspectus of the above facts and the Mediation Settlement dated 28.09.2024, the subject FIR bearing No. 296/2020 dated

26.06.2020 under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at Police Station Shahbad Dairy and all consequential proceedings emanating therefrom, are hereby quashed. 15. The present petition is, accordingly, disposed of, in the aforesaid terms. MAY 23, 2025/SU/KP Click here to check corrigendum, if any SHALINDER KAUR, J Signature Not Verified Crl.M.C. 618/2025 Digitally Signed By:NEELAM Signing Date:28.05.2025 18:55:47